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	Comments on: On the Bundy Ranch confrontation	</title>
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	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Angry Cows Are Angry &#124; Illuminate		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-283129</link>

		<dc:creator><![CDATA[Angry Cows Are Angry &#124; Illuminate]]></dc:creator>
		<pubDate>Tue, 06 May 2014 01:38:02 +0000</pubDate>
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					<description><![CDATA[[&#8230;] http://overlawyered.com/2014/04/bundy-ranch-confrontation [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] <a href="http://overlawyered.com/2014/04/bundy-ranch-confrontation" rel="nofollow ugc">http://overlawyered.com/2014/04/bundy-ranch-confrontation</a> [&#8230;]</p>
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		<title>
		By: Additional Bundy Ranch thought - Overlawyered		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-281262</link>

		<dc:creator><![CDATA[Additional Bundy Ranch thought - Overlawyered]]></dc:creator>
		<pubDate>Fri, 25 Apr 2014 03:30:03 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=45219#comment-281262</guid>

					<description><![CDATA[[&#8230;] will not say I told you so for fear of coming off as ungracious, but Coyote has no such [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] will not say I told you so for fear of coming off as ungracious, but Coyote has no such [&#8230;]</p>
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		<title>
		By: Davis Political Review &#124; Bunkerville is no Bunker Hill		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-280884</link>

		<dc:creator><![CDATA[Davis Political Review &#124; Bunkerville is no Bunker Hill]]></dc:creator>
		<pubDate>Wed, 23 Apr 2014 00:00:42 +0000</pubDate>
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					<description><![CDATA[[&#8230;] perspective is misguided, however. As correctly noted by senior fellow at the Cato Institute’s Center for Constitutional Studies Walter Olson, Cliven [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] perspective is misguided, however. As correctly noted by senior fellow at the Cato Institute’s Center for Constitutional Studies Walter Olson, Cliven [&#8230;]</p>
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		<title>
		By: Cliven Bundy and the U.S. Constitution - Overlawyered		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-279371</link>

		<dc:creator><![CDATA[Cliven Bundy and the U.S. Constitution - Overlawyered]]></dc:creator>
		<pubDate>Thu, 17 Apr 2014 10:45:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=45219#comment-279371</guid>

					<description><![CDATA[[&#8230;] 13), and on the rule of law in the context of the alleged right to flout court orders. Earlier here, with many reader comments, and more from Charles C. W. [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] 13), and on the rule of law in the context of the alleged right to flout court orders. Earlier here, with many reader comments, and more from Charles C. W. [&#8230;]</p>
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		<title>
		By: archibald tuttle		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-279345</link>

		<dc:creator><![CDATA[archibald tuttle]]></dc:creator>
		<pubDate>Thu, 17 Apr 2014 07:38:06 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=45219#comment-279345</guid>

					<description><![CDATA[KB got it right. This is just what Helen Chenoweth was talking about. An amorphous alphabet soup of armed cowboys with questionable jurisdiction in black helicopters. 

Law of the case here sets some legal teeth on edge because Bundy was already behind the eight ball of a court order, but if we&#039;re talking about overlawyered, this is yet another case of making a federal case of something that shouldn&#039;t be.  Bundy is clumsy and crochety in refusing to recognize the existence of federal govt. when what shouldn&#039;t be recognized here is their jurisdiction. 

This is proprietary land, not a federal enclave.  The feds want to evict Bundy. So they should go to state court like anyone else with a tresspass action.  Now a fast growing state like Nevada that basically has ranchers like him in the rear view mirror might not have the time of day for him in state court either. The Clark County sheriff couldn&#039;t be bothered. But the Nevada politicians who have taken up his cause recognize this as a case of federal overreach. Where they were for the first 20 years of his case . . . 

The federal case here is that he doesn&#039;t just have &#039;grandfathered rights&#039; as some instinctively recognize, but property in the water on the ranch under split estate principles. If the feds are regulating that to disutility, that is a taking. Sadly, the process for vindicating that principle took Wayne Hage over 20 years that included a similar confiscation of his cattle and he didn&#039;t live to see it come to fruition. That is a travesty and it doesn&#039;t surprise me that it breeds contempt for the law.

brian]]></description>
			<content:encoded><![CDATA[<p>KB got it right. This is just what Helen Chenoweth was talking about. An amorphous alphabet soup of armed cowboys with questionable jurisdiction in black helicopters. </p>
<p>Law of the case here sets some legal teeth on edge because Bundy was already behind the eight ball of a court order, but if we&#8217;re talking about overlawyered, this is yet another case of making a federal case of something that shouldn&#8217;t be.  Bundy is clumsy and crochety in refusing to recognize the existence of federal govt. when what shouldn&#8217;t be recognized here is their jurisdiction. </p>
<p>This is proprietary land, not a federal enclave.  The feds want to evict Bundy. So they should go to state court like anyone else with a tresspass action.  Now a fast growing state like Nevada that basically has ranchers like him in the rear view mirror might not have the time of day for him in state court either. The Clark County sheriff couldn&#8217;t be bothered. But the Nevada politicians who have taken up his cause recognize this as a case of federal overreach. Where they were for the first 20 years of his case . . . </p>
<p>The federal case here is that he doesn&#8217;t just have &#8216;grandfathered rights&#8217; as some instinctively recognize, but property in the water on the ranch under split estate principles. If the feds are regulating that to disutility, that is a taking. Sadly, the process for vindicating that principle took Wayne Hage over 20 years that included a similar confiscation of his cattle and he didn&#8217;t live to see it come to fruition. That is a travesty and it doesn&#8217;t surprise me that it breeds contempt for the law.</p>
<p>brian</p>
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		By: Thick and Thin Legal Issues at the Bundy Ranch &#124; Josh Blackman&#039;s Blog		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-279268</link>

		<dc:creator><![CDATA[Thick and Thin Legal Issues at the Bundy Ranch &#124; Josh Blackman&#039;s Blog]]></dc:creator>
		<pubDate>Wed, 16 Apr 2014 22:57:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=45219#comment-279268</guid>

					<description><![CDATA[[&#8230;] raises Cooper v. Aaron issues about the supremacy of federal law, and  resistance to court orders. Walter Olson links to comments made by Ted Frank that are directly on [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] raises Cooper v. Aaron issues about the supremacy of federal law, and  resistance to court orders. Walter Olson links to comments made by Ted Frank that are directly on [&#8230;]</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-279212</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Wed, 16 Apr 2014 18:34:11 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=45219#comment-279212</guid>

					<description><![CDATA[&lt;i&gt;Call the militia / patriot types snipers, also call the BLM ones snipers as well. &lt;/i&gt;

But that didn&#039;t happen.    It was only the BLM guys who were called &quot;snipers.&quot;  The terms used matter in ratcheting up the conflict.

&lt;i&gt;To believe there weren’t is to be naive of law enforcement tactics in the extreme.&lt;/i&gt;

I prefer to believe in facts as opposed to conjecture.]]></description>
			<content:encoded><![CDATA[<p><i>Call the militia / patriot types snipers, also call the BLM ones snipers as well. </i></p>
<p>But that didn&#8217;t happen.    It was only the BLM guys who were called &#8220;snipers.&#8221;  The terms used matter in ratcheting up the conflict.</p>
<p><i>To believe there weren’t is to be naive of law enforcement tactics in the extreme.</i></p>
<p>I prefer to believe in facts as opposed to conjecture.</p>
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		<title>
		By: No Name Guy		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-279196</link>

		<dc:creator><![CDATA[No Name Guy]]></dc:creator>
		<pubDate>Wed, 16 Apr 2014 17:14:43 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=45219#comment-279196</guid>

					<description><![CDATA[Git
So both sides had people in the role of snipers, so what?  That&#039;s my point.  Call the militia / patriot types snipers, also call the BLM ones snipers as well. 

Oh and that SOME of the BLM agents were out in the open with their scoped rifles was a show of force.  Had the spaghetti (foolishly) hit the fan, you can bet the ones that weren&#039;t in the open (yes, I&#039;d say there were some - only a fool in law enforcement would have shown all their cards) would have engaged from their concealed positions.  To believe there weren&#039;t is to be naive of law enforcement tactics in the extreme.]]></description>
			<content:encoded><![CDATA[<p>Git<br />
So both sides had people in the role of snipers, so what?  That&#8217;s my point.  Call the militia / patriot types snipers, also call the BLM ones snipers as well. </p>
<p>Oh and that SOME of the BLM agents were out in the open with their scoped rifles was a show of force.  Had the spaghetti (foolishly) hit the fan, you can bet the ones that weren&#8217;t in the open (yes, I&#8217;d say there were some &#8211; only a fool in law enforcement would have shown all their cards) would have engaged from their concealed positions.  To believe there weren&#8217;t is to be naive of law enforcement tactics in the extreme.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-279192</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Wed, 16 Apr 2014 17:02:02 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=45219#comment-279192</guid>

					<description><![CDATA[No Name Guy,

I have seen Facebook feeds linking this picture and describing the fellow as a &quot;true patriot.&quot;  

http://boingboing.net/2014/04/15/the-most-mindblowing-photograp.html

(He doesn&#039;t work for the BLM either.)]]></description>
			<content:encoded><![CDATA[<p>No Name Guy,</p>
<p>I have seen Facebook feeds linking this picture and describing the fellow as a &#8220;true patriot.&#8221;  </p>
<p><a href="http://boingboing.net/2014/04/15/the-most-mindblowing-photograp.html" rel="nofollow ugc">http://boingboing.net/2014/04/15/the-most-mindblowing-photograp.html</a></p>
<p>(He doesn&#8217;t work for the BLM either.)</p>
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		<title>
		By: John Fembup		</title>
		<link>https://www.overlawyered.com/2014/04/bundy-ranch-confrontation/comment-page-1/#comment-279184</link>

		<dc:creator><![CDATA[John Fembup]]></dc:creator>
		<pubDate>Wed, 16 Apr 2014 16:22:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=45219#comment-279184</guid>

					<description><![CDATA[&quot;deal factually with what was actually going on&quot;

gitcarver, please elaborate.  What is actually going on?]]></description>
			<content:encoded><![CDATA[<p>&#8220;deal factually with what was actually going on&#8221;</p>
<p>gitcarver, please elaborate.  What is actually going on?</p>
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